Common Violations

Common Violations

Section: F.S. 515.29 Swimming Pool BarrierAs per the Florida State Statute, all doors providing direct access to a pool must be latched or locked at all times to insure safety for all. A barrier of at least four feet high must be around the perimeter of outside pools at all times.

Section: 2011 NEC Temporary LightingPer the 2011 National Electrical Code, temporary lighting may be up for not more than ninety (90) days.

Section: 5-1.104.5 Unsafe BuildingAll buildings, structures, electrical, gas, mechanical or plumbing system that constitute a hazard to safety or health are considered unsafe buildings or services system and must be rehabilitated or demolished. All buildings and structures that do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are considered unsafe buildings.

Section: 5-1.105.1 Permit RequiredAny owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

Section: 5-73 House NumbersHouse numbers are required to be a minimum of 3 inches tall and plainly seen from the street.

Section: 5-368 Property Maintenance(1) Every foundation, exterior and interior wall, roof, floor, ceiling, window and exterior door shall be structurally sound and maintained in good repair.(2) Every building shall be kept in a reasonably clean and sanitary condition free from rodents, insects and vermin.(3) The roof of every building and accessory structure shall be adequately drained of rainwater. All roofs, in addition to exterior walls, and areas around doors, windows, chimneys and other parts of a building shall be so maintained as to keep water from entering the building. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and material. Such objects or materials shall be removed, repaired or replaced.(4) All the exterior surfaces subject to deterioration, and all exterior exposed surfaces not inherently resistant to deterioration, shall be properly maintained, repaired, coated, treated, or sealed to protect them from deterioration, weathering, and from the elements by paint or other approved protective coating, applied in a workmanlike fashion. Exterior surfaces which have been damaged or show evidence of dry rot or other deterioration, including cracked, chipped, and peeling paint or other coating, shall be repaired or replaced and finished in a workmanlike manner.(5) Every plumbing fixture, water pipe, waste pipe and drain shall be maintained in good sanitary working condition, free from defects, leaks and obstructions.(6) All fences shall be maintained in reasonably good repair. Any fence in a state of disrepair shall be replaced or repaired.(7) Steps, walks, driveways and similar paved areas of premises shall be maintained in a reasonably clean and sanitary condition, free from any holes, substantial cracking or other hazard.

Section: 5-369 Vacant BuildingsThe owner of a vacated building, whether a dwelling unit, business premises, or accessory structure, shall take such steps and perform such acts as may be required of him from time to time to insure that the building and its adjoining yards remain safe, secure, clean and sanitary, and do not present a hazard to adjoining property or to the public. All openings, including doors and windows, which are covered or closed for access shall be provided with painted exterior-grade plywood closures, matched in color to the building, unless the same are provided with awnings, storm panels, or other similar commercially available products designed for this intended use and installed in a workmanlike manner.

Section: 5-370 Exterior Property and LandscapingAll landscaping shall be well-maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor thereby depreciating adjoining property. Such maintenance shall include, but not be limited to the replacement of trees and shrubs which have died or otherwise been destroyed.

Section: 5-375(B) Sea Turtle Protection – Lighting(1)Existing exterior artificial light fixtures shall be mounted as low as feasibly possible, shielded or replaced with alternative fixtures and lamps so that the source of light is not directly visible from the beach and does not directly or indirectly illuminate areas seaward of the primary dune. Traditional light bulbs should be replaced with alternate light sources including, but not limited to, low pressure sodium lamps, true amber or red LED lights, or low wattage fluorescent bulbs (seven (7) watts or less).(2)For structures built prior to 2008, existing interior lights shall be shielded by window tint, shades and/or blinds that fully eliminate visible light on all windows and glass doors visible from any point on a nesting beach, including any side of the structure. Such blinds or shades shall be drawn after dark to completely cover windows visible from the beach. If the owner of such structure is found guilty of a repeat violation of this section, the enforcing authority may require that window tinting be installed.(3)Site/building plans for new construction shall incorporate exterior and interior lighting designs that are fully compliant with standards for existing lighting. Building plans must include tinted glass or window film for all windows and glass doors visible from any point on a nesting beach, including the sides of the structure. Tinting/film must meet a transmittance value of forty-five (45) per cent or less (amount of light visible from inside to outside).(4)Lighting standards shall apply to all newly installed or replacement exterior and interior light fixtures, both public and private, in direct line-of-sight of the beach.

Section: 8.5-47 Defects Constituting Dwelling UnfitAny dwelling which is found to have any of the following defects shall be declared by the city manager or his authorized designee to be unfit for human habitation:(1) If so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public;(2) If it lacks illumination, ventilation or sanitary facilities adequate to protect the health or safety of the occupants or of the public;

Section: 9-27 (B) Doing Business without a TaxIt is prohibited for any person to engage in or manage any trade, business, occupation or profession without first paying a business tax.

In the event you are found in violation of Section 9-27(b) for doing business without a business tax, all utility services to the business premises will be suspended while the violation continues.

Section: 9-335(C) Garage Sale Regulation No more than four (4) garage sales during a calendar year is permitted on the same lot or any portion thereof except that one (1) additional sale per year may held if the sale:(1) Results from the resident of that dwelling or lot moving from that lot to another dwelling or lot; or(2) Is conducted by or through the estate or legal guardian of the resident of that dwelling unit or lot.

Section: 11-10 Storage of Scraps & WasteWhere duly licensed businesses exist, scrap metal, scrap lumber, building (to include plumbing and electrical) materials, inoperative vehicles, worn out tires, rims, household appliances, machinery and machinery parts may be permitted to exist when they are directly connected with the business involved providing they are properly screened from public view on all sides of the property. This shall not be interpreted to mean junk and scrap metal may be camouflaged by screening. Such screening shall not be less than six feet when thick vegetative screening is provided. In cases of fences or walls, they shall be either a solid opaque wall or fence or link-weave steel wire or combination thereof. All screening or fencing shall be permanently maintained. The wall or fence shall not contain any poster or advertising of any kind excepting one sign of the licensee.

Section: 11-11 Storage of Commodities It shall be unlawful for any person to store any commodities including but not limited to junk, metal, lumber, wastepaper products, building materials, motor vehicles or parts, machinery, appliances and tires in any motor vehicle or part of any motor vehicle.

Section: 11-24 Damage to the R/O/WIt shall be unlawful for any person to willfully tear up, mutilate or damage any public property of any kind, or to cause or permit it to be done in any manner whatsoever.

Section: 11-26 Distribution of HandbillsIt shall be unlawful for any person to distribute or cause to be distributed any poster, handbill or other advertising matter by scattering on streets or by depositing or leaving in doorways, on automobiles or lawns within the city limits.

Section: 11-30 Refrigerator/Ice Box SafetyIt shall be unlawful for any person to leave outside any building or dwelling in a place accessible to children any abandoned, unattended or discharged icebox, refrigerator or other airtight container.

Section: 11-35 Maintaining Vegetation on R/O/WIt shall be unlawful for any person to plant any vegetation, other than lawn grass, on any public rights-of-way within the city limits. Prior to planting any such lawn grass in the public rights-of-way express, written permission must be obtained from the city manager or his designee. In no event shall any person disturb, disrupt, or excavate any portion of the surface in the public rights-of-way, except as provided in chapter 17 of this Code.

Section: 11-39 Obscene ItemsIt shall be unlawful for any person to use any obscene, indecent or profane language in any public space, or exhibit any obscene pictures or papers.

Section: 15-3 (C)(1) Sign RemovalA sign shall be removed by the owner or lessee of the premises when the establishment which it advertises is no longer active or shall replace the cabinet structure with an opaque, blank face on both sides. Upon the premises becoming vacant, the owner or lessee thereof shall remove and keep the windows clean and free from any lettering or advertising signs of the previous business or profession. Outdoor signs painted on or affixed to such premises advertising a previous business or professions shall be removed and completely obliterated after the premises becomes vacant. “Completely obliterated” means not only complete removal of old signage such that it will not be visible, but also that the restoration of the wall area upon which the signage was affixed shall be in the same color, texture, and materials as the rest of the wall.

Section: 15-3 (C)(3) Sign MaintenanceAll signs and advertising structures regulated by this chapter shall be maintained in accordance with the provisions of Chapter 15 of the Fort Pierce Code of Ordinances. The owner or lessee of any sign that is unsightly because of a deterioration or lack of maintenance shall be allowed thirty (30) days to correct said violation.

Section: 15-5 Signs Prohibited (1) Roof signs.(2) Portable or trailer signs.(6) Signs attached to any tree, shrub or plants.(7) Banners and decorations are prohibited, except as may be permitted as a special event sign.(8) Signs located over or on any right-of-way except for projecting signs in a C-4 zoning district.(9) Signs attached to or placed upon any utility pole, street light, sidewalk, curb, fire hydrant, bridge or any other public property.(12) Signs in motion, including swinging, rotating or revolving signs or devices designed to attract attention.(13) Vehicular signs except for those affixed to franchised buses, taxis or commercial vehicles operating during their normal course of business are prohibited.(14) Signs which copy or imitate official signs or which purport to have official status.(17) Signs which constitute a traffic safety hazard by reason of size, location, movement, content, coloring or method of illumination; obstruct the vision of motorists or pedestrians; obstruct or detract from any official traffic control device; divert or tend to divert the attention of motorists from traffic movement on streets, roads, intersections or access facilities; utilize flashing or revolving red, green, blue or amber lights; or utilize the words "stop," "look," "danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.(19) Any other signs not specifically permitted within this chapter.

Section: 15-7(C) Construction Project Signs(1) Shall be limited to one sign per active construction project.(4) Shall not be erected prior to the issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy.

Section: 15-7(D) Political Signs (3) Shall be removed within seven (7) days after the election in which the candidate or issue was last on the ballot.

Section: 15-9 Sign Permit Procedures No person shall place, erect or maintain or cause to be placed, erected or maintained any sign or advertising structure or structural alteration thereto except in conformance with the provisions of this chapter.

Section: 16-21 Household Waste & Yard Waste(C) Designated containers by color code are described below: 1) Containers dark green in color are to be used for garbage and household trash only. 2) Containers black in color are to be used for garden and yard trash only.(D) It shall be deemed unlawful to commingle garbage and household trash with garden and yard trash. It shall be deemed unlawful to use a designated container for any material other than as specified. Any offense that relates to contamination or improper use of the container must be corrected by the customer prior to collection.

Section: 16-22 (A) Waste on Public PropertyIt is unlawful for any person to litter, throw, dump or deposit on the sidewalk, street, lane, alley or other public property any trash, garbage, refuse or other waste matter or material.

Section: 16-25 (C) Responsibility for ContainersTrash containers need to be placed by the curb no earlier than 7:00 pm on the evening before collection day and must be removed to the rear or side of structure no later than 7:00 pm on the day of collection.

Section: 16-27 Bulk Trash Removal(2) Bulk trash must be placed at curbside on collection day. Accumulations must be clear of overhead wires and overhanging limbs.(3) Garden and yard trash accumulations must be separate and distinct from household waste accumulations.(4) Garden and yard trash must be neatly stacked in manageable piles. Limbs must not exceed six (6) feet in length and six (6) inches in diameter.(5) Trash generated by commercial and landscape contractors, or a homeowner performing residential work pursuant to the contractor permit provisions of section 489.103(7), Florida Statutes, must be removed from the premises and disposed of by the contractor or resident in a lawful manner.

Section: 16-46, 16-47, 16-48 (1)(5) Nuisance – Pool BarrierNuisance as a Condition means a certain state of being or situation located on property which injures or endangers the comfort, repose, health or safety of any person and renders other persons insecure in life or the use of property.

Section 16-46, 16-47, 16-48 Nuisance as a Condition Nuisance as a Condition means a certain state of being or situation located on property which:(1) Injures or endangers the comfort, repose, health or safety of any person.(2) Offends decency.(3) Is offensive to the senses.(4) Interferes with, obstructs or renders dangerous for passage on any public or private street, alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel or drainage of any property.(5) Renders other persons insecure in life or the use of property.(6) Interferes with the comfortable and quiet enjoyment of life or property.(7) Current condition of property tends to or could depreciate the value of property of any person.(9) Any trash, litter, debris, garbage, bottles, paper, plastic, metals, cans, rags, offal, bricks, concrete, lumber, building materials, or dead or decaying plants or animals of any kind.(10) Any condition which provides, or could provide, harborage for rats, mice, snakes, insects or other vermin.(11) Any noises or vibrations, including animal noises, which disturb the peace of the surrounding area.(12) Any foul, offensive or unlawful emissions, odors or stenches and the causes thereof.(13) The pollution of any well, body of water or drainage system by sewage, dead animals, industrial wastes, debris or other substances.(15) Any condition constituting a fire hazard.(16) Blocking of drainage inlets, pipes, ditches, swales, channels, culverts or streams.(17) The accumulation of garbage and trash in violation of section 16-23 of this chapter.(18) Any landscaping element that is not well-maintained including but not limited to lawns, hedges, bushes and trees. Such landscaping elements shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor thereby depreciating adjoining property.

Section 16-46, 16-47, 16-48 Nuisance as an Object(1) Junk, consisting of unsightly, worn-out or discarded material of little or no residual value including scrap metal, scrap lumber, wastepaper products, discarded building materials or other debris.(3) Wrecked motor vehicle or watercraft, meaning any motor vehicle or watercraft the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power or from which the wheels, engine, transmission or other substantial part thereof is or are removed.(4) A motor vehicle kept in the front yard of a residence on other than pavement unless parked in a driveway, whether such driveway is paved or unpaved is considered a Nuisance as an Object and requires prompt removal or abatement.(5)Any garbage; rubbish; trash; refuse; cans; bottles; boxes; container; paper; tobacco products; tires; abandoned or inoperative appliance; mechanical equipment or parts; building or construction materials; tools; machinery; wood; vessels; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facilities; or a substance in any form resulting from domestic, industrial, commercial, mining or agricultural operations; or dead or decaying plants (except for compost piles) or exotic animals of any kind;(6) Any building or structure, or part thereof, which is in a dilapidated, unsanitary or unsafe condition, or which constitutes a fire hazard.(7) Any building, structure, lot, place or location where any activity in violation of law is conducted, performed, maintained or allowed.(8) Stagnant or insufficiently treated water, in a pool, pond or container of any kind, including water in which algae is allowed to grow or in which mosquitoes or other insects are able to breed.(9) Animal excrement.(10) On property for which a current and valid business tax receipt has been issued for any automobile, truck, or motor vehicle business, all non-operative or unregistered vehicles shall be kept, stored, or maintained at least fifteen (15) feet from the paved edge of the nearest roadway, at all times;(11) Furniture normally kept inside is not allowed to be stored outside.(12) Any operable appliance kept or maintained outside in the open air and not under roof such as a garage or carport.(13) Graffiti, which includes but is not limited to any unauthorized inscription, word, figure, painting or other defacement that is written, etched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of any public or private property by any graffiti implement including but not limited to aerosol paint container, marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.

Section: 17-96 (A) Stormwater Discharge ProhibitedNo person shall discharge or cause to be discharged any non-stormwater discharges into a storm drain system, Waters of the State, Waters of the U.S., or any watercourses.

Section 20-5 (C) Use of Water During Drought Section 20-6 (A)(B) Violation Prohibited; PenaltyThe South Florida Water Management District has declared an emergency situation due to prolonged drought conditions resulting in the serious shortage of fresh water supply to this area or city. The city manager has been authorized to implement this section by ordering the restricted use of water for certain nonessential purposes as: the sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and vegetables. The city manager is authorized to specify certain days and place limitations on the hours or period of time when lawns and shrubbery may be watered.

It shall be deemed unlawful to violate any of the provisions of this chapter. Any person, firm or corporation violating any of the above provisions contained herein shall be punished as provided for under F.S. § 403.161 and Florida Administrative Code Section 62-625.500 and by a fine not to exceed one thousand dollars ($1,000.00) for each act of violation or for each day of violation. Each day is a new violation.

Section: 20-39, 20-132 (D) Prohibited Wastewater DischargeIt shall be unlawful for any person to discharge or cause to be discharged directly or indirectly, any prohibited wastes, waters, or wastewaters into the wastewater control system of the Fort Pierce Utilities Authority.

Section: 20-40 (A)(1) Unsanitary Waste(1) It shall be unlawful for any person to place, or permit to be deposited in any unsanitary manner on public or private property any human or animal excrement, garbage or other objectionable waste.(2) It shall be unlawful to discharge to any natural outlet any sewage or other polluted waters, except where suitable treatment has been provided.

Section: 22-53 (A) Clear Vision Areas A clear vision area shall be maintained on the corner of all property adjacent to the intersection of two streets or a street and a driveway. A clear vision area shall contain no planting, fence or temporary or permanent obstruction exceeding twenty-four (24) inches in height.

Section: 22-60 (F)(2)(B) Commercial VehicleIt shall be unlawful for any owner or lessee of real property in any residential district in the City of Fort Pierce to park on, cause to be parked on, or allow to be parked on his, its or their residential property, any commercial vehicle or semitrailer for the period exceeding one hour in any twenty-four-hour period, unless same is in an enclosed garage. Each such period shall commence at the time of first stopping or parking unless a permit is first obtained from the police department of the city, and as may be otherwise provided in this section. This restriction shall also apply to the owner, agent, operator or person in charge of any such vehicle in the event said person is not the owner or lessee of said real property.

Section: 22-63 Home Occupations (2) The home occupation shall be an accessory use conducted only within the enclosed living area of the dwelling unit or the garage.(3) The exterior appearance of the residential dwelling in which the home occupation is located shall not be altered in a manner which would cause the premises to differ from their residential character by the use of colors, materials, construction or lighting.(4) The home occupation premises shall not be advertised by the use of any signs on the lot on which the occupation takes place which are readily visible from the street.(5) There shall be no outside storage of any kind related to the home occupation.(6) The home occupation shall not generate traffic, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district.

Section: 22-67 (B)(2), 22-53 Fences – Clear Vision Area All fences, walls and hedges shall conform to the clear vision provisions of section 22-53. Clear vision areas shall contain no planting, fence or temporary or permanent obstruction exceeding twenty-four (24) inches in height with the exception of necessary retaining walls and chain link fences up to 48 inches without obstructions such as slats or vegetation.

Section: 22-67 (B)(3) Fences – FinishAll fences and walls shall be constructed so that the side of the fence or wall facing or viewable from the public rights-of-way or an adjoining property shall be the finished side.

Section: 22-67 (C)(1)(2) Fences – Height RestrictionsFences or walls in residential districts may be erected to a maximum height of six (6) feet along property lines and a maximum of four (4) feet in the required front yard.

Section: 22-67 (E)(5) Outside Storage-Commercial Materials for commercial and industrial uses shall be screened with a sight obscuring fence or wall. For the fences and walls constructed generally parallel to the public right-of-way, there shall be at least one shrub, bush or vine planted every five (5) feet.

Section: 22-67 (F) Prohibited Characteristics of Fences(1) Electric fences shall not be permitted.(2) Security fences designed to preclude entry into hazardous locations or facilities or to protect the exterior storage of materials or equipment from vandalism or theft may not be erected, except upon application to the Director of Planning. If permitted, such fence shall not have more than three (3) strands of barbed wire and may not exceed six (6) feet in height. Concertina-type wire is not permitted except in prisons or jail compound areas.

Section: 22-187 (11) Screening of Refuse Collection All refuse and recycling dumpsters constructed on or after June 1, 1996 shall be screened from view on all sides and shall be gated.

Section: 22-187 (13) Landscape MaintenanceProperty owners shall maintain all required landscaping so that it continues to present a healthy, neat and orderly appearance free of refuse and debris, in conformity with the following requirements:a. Vegetation required by this article shall be replaced with equivalent vegetation if it is not living. All trees for which credit is awarded and which subsequently die shall be replaced by the same number of living trees according to the standards established in this article.b. Maintenance shall include sufficient weeding, watering, fertilizing, pruning, mowing, edging, mulching and other horticultural practices so as to assure that the landscaping continues to maintain a healthy, neat and orderly appearance.

Section: 22-192 (A), 22-177 Tree Removal No person shall, directly or indirectly, cut down, substantially alter, destroy, remove, relocate, damage or authorize any such act involving a protected tree (8” in diameter or circumference of 25”) situated on land within the city, without first obtaining a tree removal permit.

Section: 22-194 Tree Protection and mitigation(c) When a native tree is at least fourteen (14) inches DBH, except for palms which shall have a minimum clear trunk of ten (10) feet, is to be removed pursuant to a tree removal permit, such permit shall not be issued unless or until there is additionally approved by the department a mitigation plan.(f) Excessive pruning or pollarding of trees into round balls of crown or branches, which results in an unnecessary reduction of leaf mass shall be prohibited. Severe cutting back of lateral branches and canopy or toppings or hatracking trees is expressly prohibited. All pruning shall be accomplished in accordance with National Arborists Association standards for pruning.

Section: 22-302 Sidewalk Café- Permit Required It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk or public right-of-way without a permit as provided by this article. Sidewalk cafes shall be permitted only within the C-2, C-3, C-4, C-5 and C-6 zoning district. A sidewalk cafe permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk.

Section: 22-307 Conditions of Sidewalk Café Permit(19) The permittee shall be required to maintain routine maintenance of the horizontal surfaces (i.e. concrete sidewalks or brick pavers, etc.) after each meal or other use period with more intensive pressure cleaning performed on a monthly basis.

Section: 22-308 Sidewalk Guidelines(a) It is unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least nine (9) feet above the surface of the sidewalk and the roof or covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.(b) It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display, except in the event the city commission has approved a special event application.